S.M. COURT.

Bush Advocate, Volume XXI, Issue 146, 19 December 1908, Page 5

S.M. COURT.

'. ■ I "m;< -WEBB v. TANSEY. "" ! The judgment of Mr James, S.M., "iri 'the above case was read by the •cleric -of the court this morning as follows: — "I think that the owner, Tansey, is bound by olause 9 of the general conditions of the contract, having re- - 'ferenee to variations and extra work. The architect has gone through all thY extras claimed for, and says that ih^y} are reasonable, less £7, which • lie considers should be deducted. The architect under the contract is practically the arbitrator between the par.•fcieS; ; He lias to decide as to the equality of materials and work,, the amount due to the builder, and other incidental matters. He has given a •cbnlpletioh .certificate, and a certifi-cat«-that the extras claimed are due, "less £7; With regard to the counter claim I cannot allow any sum for penalties' for non-completion •within the iiime mentioned in the contract. The variations were so numerous as to make the job (practically a new con- . tract. No time was allowed or fixed when the variations were ordered, and there appeafs.to have been delays oh both sides. I think it was -clearly understood that defendant was ' to supply materials, otherwise why -did he do so practically throughout the contract ? The claim is for £108 16 lid. There are claims, of lien -amounting to £23 7s 7d, which when -deducted leave £84 14s 4d ; less deduction, allowed by architect £7— £77 14s 4d. Judgment will be -for *h© plaintiff for £77 14s 4d and • caste to be fixed by the clerk. These werie. fixed as follows: Costs of court £2 Bs. witnesses £3 12s, solicitor, £4 17s 6d.